BUILDING DURHAM

Today Prime Minister Justin Trudeau announced the new federal government assistance program, Canada Emergency Commercial Rent Assistance Program.  While full details have not yet been released, Trudeau said that this program will provide support for small businesses to meet rent dues and that the federal government will be collaborating with the provinces to set it up.  The support would available for April, May and June.

Finance Minister Bill Morneau shined more light on the program, saying the government would be offering loans, including forgivable loans to commercial landlords who offer rent reductions to businesses.

In addition, Trudeau also announced that the Canada Emergency Business Account will now be open to businesses that spent between $20,000 and $1.5 million in total payroll in 2019.

The Town of Whitby is now showing the most updated version of the Whitby Green Standard, the planning tool the Town is developing to help advance sustainable new development across the Town of Whitby.

Click here to access the following documents:

• Site Plan Checklist
• Subdivision Checklist
• Program Brochure
• Training Guidebook
• Reference Guide

The Town is encouraging you to review these documents and provide your comments via the online survey by no later than Friday, April 25.

In addition, the Town is inviting you to attend the final Stakeholder Consultation Session, scheduled to take place online on Wednesday, April 29 from 10 a.m. - 12 p.m.

This session will be led by the consultants Planning Partnership &  Urban Equation and will run through the process of the Whitby Green Standard and provide an opportunity to address the feedback received through the surveys.

Click here to register for the Stakeholder Consultation Session.

Clarington council met last night and one of the items on the agenda was the current development charge bylaw review.  Their current development charge bylaw is set to expire on July 1, 2020, and the municipality is currently in the midst of creating a new bylaw.

The Durham Region Home Builders' Association submitted a letter to council yesterday encouraging them to take advantage of the provincial legislation tabled yesterday that allows the current bylaw to be extended for up to six months after the termination of the Emergency Management and Civil Protection Act.  As the Act was extended yesterday until early May, the current DC bylaw could be extended until at least November.

DRHBA felt strongly that it was essential that council extend the bylaw, giving members time to thoroughly review the background study and technical appendix and provide important feedback.

We are pleased to share that council agreed with DRHBA's request, and last night passed a motion: That, in accordance with the Coronavirus (COVID-19) Support and Protection Act, 2020, which received Royal Assent on April 14, 2020, the Municipality's existing Development Charges By-Law (By-law 2015-035) shall remain in force until  such date as specified in the Act and therefore, staff be directed to schedule the statutory public meeting for a date after the lifting of the emergency declared under the Emergency Management and Civil Protection Act on March 17, 2020 with such meeting being advertised publicly.

Other motions in regards to the development charge bylaw that directed staff to continue their consultations with DRHBA members and builders in the community prior to finalizing the background study and bylaw; and to release the background study and bylaw at a date to be determined by the Director of Finance.

Members are encouraged to review the background study and the technical appendix, and send their comments to Stacey at s.hawkins@drhba.com.

TORONTO ― On the advice of the Chief Medical Officer of Health and with the approval of the Ontario legislature, the Ontario government is extending the Declaration of Emergency under the Emergency Management and Civil Protection Act for a further 28 days. This will allow the government to continue to use every tool at its disposal to protect the health and safety of the people of Ontario during the COVID-19 pandemic.

Passed during a special sitting of the Ontario legislature and with the full cooperation of all parties, the Declaration of Emergency has been extended until May 12. The extension of the provincial declaration of emergency allows Ontario to continue to enforce current emergency orders, such as the closure of all non-essential workplaces, outdoor amenities such as parks and recreational areas, public places and bars and restaurants, as well as restrictions on social gatherings of more than five people, and prohibitions against price-gouging. A full list of emergency orders can be found on the e-Laws website under the Emergency Management and Civil Protection Act.

"During these unprecedented times, we cannot let our guard down. The actions being taken by everyone to stay home and practice physical distancing are making a difference, but we are not out of the woods yet," said Premier Ford. "With the support of every Ontario MPP, we continue to take any and all actions necessary to support our frontline health care workers and respond rapidly and decisively to slow the spread of this deadly virus."

The legislature also passed the Coronavirus (COVID-19) Support and Protection Act to amend the Education Act, Planning Act, Development Charges Act, Police Services Act and the Ministry of Training, Colleges and Universities Act. This new legislation demonstrates that the government is actively listening to the concerns of education and municipal stakeholders during this COVID-19 emergency.

"This legislation is about protecting the health and economic interests of Ontarians," said Stephen Lecce, Minister of Education. "We will do whatever it takes to get through this challenge ― most especially for the next generation ― so that students continue learning and graduating."

The amendments to the Education Act will allow school boards to continue charging fees on new construction in order to retain a vital source of revenue for new school projects. The bill also includes an amendment to provide a fair and consistent provincewide approach to addressing school suspensions and expulsions as part of the government's commitment to the safety of students and staff upon the reopening of schools.

The changes to the Ministry of Training, Colleges and Universities Act will temporarily suspend student loan payments for OSAP borrowers and initiate a six-month interest-free moratorium on OSAP loans.

"We are taking action to ease the financial burden for students and current borrowers during the COVID-19 outbreak," said Ross Romano, Minister of Colleges and Universities. "By temporarily suspending loan repayments and interest accrual, our government is providing immediate support for OSAP borrowers during these challenging times."  

The government is making it possible to suspend certain municipal planning decision timelines during the state of emergency, and change the Development Charges Act to ensure municipalities can continue to count on a vital source of revenue that helps pay for local growth-related infrastructure, such as roads, water and sewers as well as fire and police services. The amendments to the Police Services Act also allow the Solicitor General to give municipalities an extension beyond January 1, 2021 to prepare and adopt a community safety and well-being plan.

"Nothing is more important than protecting the health and well-being of all individuals and families," said Steve Clark, Minister of Municipal Affairs and Housing. "We have listened to our municipal partners and made these changes to help them better manage staff time and resources so they can focus on the COVID-19 outbreak."

"In these unprecedented times, our government is doing everything in its power to support our municipal, policing and community partners," said Sylvia Jones, Solicitor General. "While Community Safety and Well-Being Plans are an important tool for municipalities to keep our communities safe, we need them to focus on allocating resources where they are needed most right now, and that is to stop the spread of COVID-19."

Today, the Legislative Assembly of Ontario convened in a special session to pass an emergency piece of legislation - Bill 189 The Coronavirus (COVID-19) Support and Protection Act, 2020. Today's legislation responded to a number of issues that OHBA has raised with the provincial government.  The legislation amends a number of pieces of legislation with the following highlights:

Schedule #1: Development Charges Act:

• A new Section 9.2 of the Development Charges Act, 1997 provides that development charge bylaws that expired on or after March 17, 2020 and before the day the section comes into force are deemed to not have expired and shall remain in force until the earlier of the day the bylaw is repealed and the specified date.  The section also provides that development charge bylaws that expire on or after the day the section comes into force and before the specified date shall remain in force until the earlier of the day the bylaw is repealed and the specified date.
• The specified date is defined as the date that is six months after the termination or disallowance of the emergency.
• The schedule comes into force at Royal Assent (expected Tuesday, April 14)

Schedule #2: Education Act:

• The Education Act is amended to add a section addressing the expiring of education development charge by-laws during the current state of  emergency;
• The specified date will be a date six months after the state of emergency is terminated;
• The schedule comes into force  with Royal Assent (expected today);
• These amendments respond directly to a number of concerns raised by HBAs;

Schedule #4: Planning Act:

• The Planning Act is amended to authorize the Minister to make regulations in connection with the current state of emergency;
• The regulations may, among other things, govern the application of periods of time describe in the Planning Act and the regulations and in Sec 114 of the City of Toronto Act and provide that an order made under subsection 7.1 (2) of the Emergency Management and Civil Protection Act does not apply, and in certain cases is deemed to have never applied;
• Sec 7.1 (2) of the Emergency Management and Civil Protection Act states, “temporarily suspend the operation of a provision of a statute, regulation, rule, by-law or order of the Government of Ontario”;
• The regulations may be apply on a retroactive basis;
• The legislation may provide that the period of the emergency shall not be included for the purposes of counting a period of time;
• Therefore municipalities could temporarily suspend planning timelines back to March 17, 2020 without the risk of appeal (for a non-decision); however it also confirms the ability for virtual public meetings and the ability to approve applications for municipalities that wish to continue processing applications;
• OHBA will report further when the Regulations have been passed, but the actions made by the province today are intended to allow municipalities to continue to make land use decisions and to ensure the ability for those decisions to come into effect if they are not appealed. Previously under the state of emergency, legal planning decisions by a municipality could not come into effect.

The Kawartha Pine Ridge District School Board (KPRDSB) and the Peterborough Victoria Northumberland and Clarington Catholic District School Board (PVNCCDSB) have to renew their Education Development Charge (EDC) bylaws in the municipality in Clarington before the end of June.

The background study has been completed, and currently the public meetings will be held virtually.

Provincial legislation has put a cap on the amount of increase that school boards can impose. 

The proposed increase for the KPRDSB are as follows:

2015 EDC Rate	Year 1	Year 2	Year 3	Year 4	Year 5	Max Rate
$1,028	$1,328	$1,628	$1,928	$2,143	$2,143	$2,143

The proposed increase for the PVNCDSB are as follows:

2015 EDC Rate	Year 1	Year 2	Year 3	Year 4	Year 5	Max Rate
$710	$1,010	$1,202	$1,202	$1,202	$1,202	$1,202

Public Meetings:

First Meeting - Policy Review Public Meeting

Tuesday, May 5, 7:00 p.m.

Second Meeting - Successor By-Law Public Meeting

Tuesday, May 5, 7:15 p.m.

Third Meeting - In Consideration of By-Law Adoption

Monday, June 8, 6:30 p.m. (PVNCCDSB)

Tuesday, June 9, 6:00 p.m. (KPRDSB)

View/Download the Background Study

If you have any questions or concerns, please contact Stacey at s.hawkins@drhba.com.

What is the Community Benefits Charge?

Under Bill 108, the Community Benefits Charge is a new charge that will be in addition to development charges.  It was designed to replace three existing municipal tools:

• Density bonusing under section 37 of the Planning Act;
• Parkland dedication under sections 42 and 51.1 of the Planning Act;
• Some DCs for discounted (soft) services under the Development Charges Act

What are the CBCs supposed to fund?

The Community Benefits Charge can only fund services not eligible to be included in a DC, and might include:

• Parkland acquisition
• Child care
• Municipal parking
• Social housing
• Airport
• Shelters
• Courts
• Animal Control
• Public art and other civic improvements currently funded by section 37.

On February 28^th, the province released a proposed framework for this new CBC.  Under this proposal, the province suggested that soft cost DCs would be removed from the CBC and placed back into the DC Act.  In this proposal, it was also suggested that the 10% discount for DCs that is included in the existing DC Act would also be eliminated, meaning that builders and developers would have to pay full charge for the items included within the DC bylaws.

What will the Community Benefits Charge cost?

The Community Benefits Charge will be calculated as a percentage of land value.  The current proposal for the regulation would allow for municipalities to charge a maximum amount of 15% total.  This is split between lower-tier municipalities (10%) and upper-tier municipalities (5%).

The land value would  be calculated  on the day before the date the building permit is issued.

But what is this ACTUALLY going to cost?

Altus Group did some projections on what the CBC could actually cost under the current proposed regulation- based on a per single-detached basis. 

Their projections are the combined impact of changes to the DCs & introduction of CBCs.

In Pickering, it could be a potential increase of $36,322 per single detached.  The total amount paid in DCs and CBCs could be $103,579.

In Clarington, it could be a potential increase of $29,130 per single detached.  The total amount paid in DCs and CBCs could be $94,417.

You can also calculate how the CBC and changes to development charges will impact your business specifically by using a calculator created by OHBA.

Download CBC Calculator

Download/View CBC Calculator Sample

Download/View Current DC Charges

Wait, won't the CBCs reduce the development charge?

Not necessarily.  With the introduction of the Community Benefits Charge, there are also some changes to the development charge calculation.  These changes include removing the 10% statutory deduction for soft services such as library, parks and recreation, etc.  This could lead to an increase in development charges.

For example, if a municipality is currently charging $14,133 for parks and recreation for a single detached home, when the 10% deduction is removed, that charge increases to $15,703.  Likewise, if the library charge is $1,003, removing the deduction would increase the charge to $1,103.

Lower cost items, such as municipal parking, will be removed, but that deduction would be less than the increase on other items, leading to an overall increase in the charge.

How are municipalities going to calculate the CBC?

Unknown at this time.  Neither Bill 108 nor the regulation proposal provides for a methodology or imposes explicit rules on the calculation of a CBC - which the DC currently has.

Will the CBC be the same charge for all developments?

It doesn't have to be.  A municipality can impose CBC rates that are different for different types of development - a lower rate for non-residential for example.

When will this come into effect?

Municipalities will be given one year from the date the regulations come into effect to implement their CBC charge and to amend their DC by-law.

The regulation could come into force by late spring or early summer.

What can I do to stop this?

The good news is that it is currently a proposed regulation, and it has not been finalized yet, so there is still time to let your voice be heard.

The deadline to submit comments is Monday, April 20.

All builders and developers are strongly encouraged to send an email to the ministry at john.ballantine@ontario.ca and cc DRHBA at s.hawkins@drhba.com.

OHBA has created a form email that you can use to start - please personalize it to make it have more of an impact.

Download the Form Letter

From attorney general Doug Downey:

I am writing to let you know that the Ontario government is revising one element of a previous emergency order, O. Reg. 73/20 made under the Emergency Management and Civil Protection Act, which suspended limitation periods and procedural time periods retroactive to March 16, 2020.

The previous order was made to help Ontarians who are having difficulty meeting those time requirements as a result of the COVID-19 outbreak.

The emergency order has been amended to lift the suspension of limitation periods and procedural time periods under the Construction Act.  This will allow for the release of holdback payments to contractors and subcontractors in the normal course, helping to resolve a potentially significant cash flow problem as a result of the order for the construction industry.

The suspension will be lifted on April 16, 2020, to give the industry time to prepare for these changes.  Once lifted, parties will have the same amount of time to meet a deadline that had been remaining before the suspension began on March 16, 2020.

The amendments to the order also address the Niagara Escarpment Planning and Development Act.

View the e-law

Premier Ford Appoints Team to Develop Plan for Post-Pandemic Growth and Prosperity

TORONTO — The Ontario government has launched a new Ontario Jobs and Recovery Committee which will focus on getting businesses up and running and people back to work after the COVID-19 pandemic is over. While the government's primary focus is on combatting the virus, supporting frontline health care workers and providing immediate relief to people and businesses, this new committee will be developing a plan to stimulate economic growth and job-creation in the weeks and months ahead.

"My heart goes out to those individuals and families who have been out of work, or whose business has closed through no fault of their own," said Premier Ford. "I can assure each person affected by this crisis that we will do everything we can to support you, and get you back on the job as soon as possible. While our government battles this virus, members of our new Ontario Jobs and Recovery Committee will roll up their sleeves and develop a roadmap to a stronger, more prosperous economy." 

The membership of the Ontario Jobs and Recovery Committee includes: 
• Rod Phillips, Chair, Minister of Finance 
• Vic Fedeli, Minister of Economic Development, Job Creation and Trade 
• Peter Bethlenfalvy, President of the Treasury Board 
• Caroline Mulroney, Minister of Transportation 
• Christine Elliott, Deputy Premier and Minister of Health 
• Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs 
• Greg Rickford, Minister of Energy, Northern Development and Mines and Minister of Indigenous Affairs 
• John Yakabuski, Minister of Natural Resources and Forestry 
• Laurie Scott, Minister of Infrastructure 
• Lisa MacLeod, Minister of Heritage, Sport, Tourism and Culture Industries 
• Lisa Thompson, Minister of Government and Consumer Services 
• Monte McNaughton, Minister of Labour, Training and Skills Development 
• Prabmeet Sarkaria, Associate Minister of Small Business and Red Tape Reduction 

The Committee will be consulting with a wide variety of people to assess the impact of COVID-19 on the provincial economy and develop an action plan to move forward, including business associations, chambers of commerce, municipal leaders, corporate leaders, small business owners, and entrepreneurs.

"While we focus our energy and resources on defeating COVID-19, today's job numbers highlight why we also need to plan for an economic recovery," said Rod Phillips, Minister of Finance. "At Premier Ford's request, I have convened the Ontario Jobs and Recovery Committee. And our first order of business is to prepare for the next phase of Ontario's Action Plan, which will be ready to launch as soon as COVID-19 is contained. This team will get our economy moving again ― with a focus on job creation, opportunities for growth, and protecting our province from future threats."

Today, Statistics Canada released its monthly job numbers, which showed a 402,800 decrease in employment in Ontario. To support the provincial effort to deal with this crisis, the government launched Ontario's Action Plan: Responding to COVID-19. This is a $17 billion package with funding targeted to help families and a variety of sectors across the province.

In addition to $3.3 billion in more health care resources, the plan includes $3.7 billion to support people and jobs, and relief of $6 billion by temporarily deferring taxes for 100,000 Ontario businesses, $1.9 billion to allow employers to defer Workplace Safety and Insurance Board payments, and $1.8 billion to defer municipal education property tax payments.

The government is also providing $52 million from the package to better support individuals and families in financial crisis through social assistance. This funding will support those who are not able to access federal assistance to cover needs such as food costs, rent, medicine and other essential services during this time. Individuals can easily apply online for assistance.

To support small businesses, the Ontario government has also worked with the federal government to develop the Small and Medium-sized Enterprise Loan that will enable up to $40 billion in lending, supported through Export Development Canada and the Business Development Bank. This new program will help businesses meet cash flow requirements through guaranteed loans.

"Our government is pulling out all the stops to support our job creators and workers today, during this very difficult time," said Vic Fedeli, Minister of Economic Development, Job Creation and Trade. "But it is incumbent upon us to look ahead and map out a plan that considers life after COVID-19, a plan that will guide us into a future filled with hope, new employment opportunities and steady economic growth."

"While the health and safety of Ontarians is our top priority, we need to ensure that our province is positioned to support and facilitate economic growth when we lift the State of Emergency," said Peter Bethlenfalvy, President of the Treasury Board. "This starts with the Ontario Jobs and Recovery Committee, which will ensure we have a long-term, strategic vision to responsibly reopen our economy."

ADDITIONAL RESOURCES

• Apply for emergency assistance.
• See how your organization can help fight COVID-19.
• Learn more about Ontario’s Action Plan: Responding to COVID-19.

Visit Ontario’s website to learn more about how the province continues to protect Ontarians from COVID-19.

 

Extending Construction Hours Will Help Keep Ontario Workers Safe

TORONTO — In response to the outbreak of COVID-19, Ontario is extending construction hours for essential construction projects, like critical projects in the health care sector, to 24 hours a day. Work on new hospital builds, expansions, and COVID-19 assessment centres will be able to continue any time of the night or day in order to help accelerate the construction of these important projects and enable employers to take additional steps to protect the health and safety of workers on these job sites.

Premier Doug Ford, Monte McNaughton, Minister of Labour, Training and Skills Development, and Christine Elliott, Deputy Premier and Minister of Health, today announced extended construction hours and other measures to keep Ontario workplaces safe.

"During this escalating crisis, we are taking immediate steps to ensure the necessary infrastructure is in place, particularly to properly care for those with severe COVID-19 symptoms and other patients who require critical care," said Premier Doug Ford. "That's why we're extending construction hours to allow us to build essential infrastructure faster, while ensuring construction workers can practice physical distancing on work sites to stay safe and healthy."

Ontario will temporarily limit local noise bylaws from applying to these types of essential construction activities beginning April 7, 2020. This will allow for expedited construction on key facilities, such as new hospital builds, expansions, temporary COVID-19 response units or structures, and COVID-19 assessment centres. Extending hours for essential construction will also give worksite managers more flexibility to stagger shifts, limit the number of people in one place, and take reasonable precautions to keep workers safe and healthy under the recent guidelines issued by Ontario's Chief Prevention Officer for construction sites.

Ontario is also making essential workplaces across the province safer during the COVID-19 pandemic by:

• Redeploying more than 30 employment standards officers to help businesses understand and comply with health and safety requirements;
• Working with health and safety associations to deploy up to 30 specialists to support employers and workers in the field;
• Issuing health and safety guidance notes to support specific sectors;
• Doubling the capacity of Ontario's Health and Safety Call Centre from 25 to 50 phonelines;
• Providing job-protected leave under the Employment Standards Act for workers who need to self-isolate or care for a loved one because of COVID-19;
• Issuing a call to recently-retired inspectors who may be able and willing to return to their positions;
• Providing compliance assistance and enforcing the emergency orders issued under the Emergency Measures and Civil Protection Act.

"Our government is doing everything in its power to make sure workers on the job are safe during this pandemic," said Monte McNaughton , Minister of Labour, Training and Skills Development. "That means more inspections, more inspectors, more phone lines, and more people to take your calls. We have conducted thousands of inspections and investigations across the province in March and we will continue to conduct more this month. We will do everything in our power to keep the essential workers of our province safe."

"We're helping to protect the health and safety of construction workers and ensure that critical health care-related construction projects continue during this outbreak," said Steve Clark, Minister of Municipal Affairs and Housing. "Temporarily limiting noise bylaws to extend the hours for construction work will help make it possible to stagger shifts and have fewer workers on site at any given time so they can practice physical distancing."

"As part of our plan to stop the spread of COVID-19, we are continuing to expand health care capacity in communities across the province," said Minister Elliott. "That includes building new assessment centres and field hospitals, both of which are critical to ensuring we are able to care for Ontarians as we contain this new virus. Extended hours will ensure that work on these facilities continues safely to the benefit of all Ontarians."

QUICK FACTS

• All Ontarians should stay home unless absolutely necessary for essential reasons, such as such as accessing health care services, shopping for groceries, picking up medication, walking pets when required, or supporting vulnerable community members with meeting essential needs. If you must leave your home, stay at least two (2) meters apart from others.
• If you think you may have COVID-19 symptoms or have been in close contact with someone who has it, first self-isolate and then use Ontario's Self-Assessment Tool to see if you need to seek further care.

Take these everyday steps to reduce exposure to the virus and protect your health: wash your hands often with soap and water or alcohol-based hand sanitizer; sneeze and cough into your sleeve; avoid touching your eyes, nose or mouth; avoid contact with people who are sick; and stay home if you are sick.

ADDITIONAL RESOURCES

• See a list of essential services in Ontario.
• See how your organization can help fight COVID-19.
• Learn more about Ontario’s Action Plan: Responding to COVID-19.

Visit Ontario’s website to learn more about how the province continues to protect Ontarians from COVID-19.